The Sister Bay Quarry will not be receiving an option to apply for a conditional use permit.

The Village Board of Trustees voted Tuesday not to approve a zoning code text amendment that would have opened the door to a potential quarry expansion through a permit. The Plan Commission had recommended the zoning change during its Aug. 26 meeting.

On a 6-0-1 vote, with Trustee Shane Solomon excused, the board heard the public’s opinion on the text amendment from a crowd of about 40 people and a handful of submitted letters through a public hearing that lasted over an hour.

If the Village Board had approved the text amendment, quarry owner Brandon Small would have had to submit an application of conditional use for the Plan Commission to discuss. If the application had passed and the quarry expanded to an adjacent parcel, Small would have had to make good on certain conditions including closing the quarry within 10 years.

According to village attorney Randy Nesbitt, the quarry was opened before the village's zoning code was set in place, allowing the quarry to run under a “legal nonconforming use” designation. This means even though the village does not allow quarries, this one was grandfathered in.

“There is no zoning in place for the quarry to obtain a permit, and they are allowed to operate without regulation, even after zoning was put into place,” Nesbitt said.

Due to excessive blasting, noise and dust, subsequently causing problems for its neighbors in the late 2000s, the village sued the quarry, attempting to shut it down. Door County Circuit Judge Peter Diltz did not shut it down, but rather ordered the parties negotiate to find a middle ground.

“Negotiations here are an attempt to put restrictions on the quarry to make it more palatable and ensure the quarry will close,” Nesbitt said during the course of the meeting. “If not done tonight, the quarry can continue to operate for years.”

The crowd made it clear to the board they would rather see the quarry not expand and continue running unregulated, as there is no guarantee there would be enough rock to sustain operations.

Tom Sadler, who lives on Fieldcrest Road behind the quarry, said that if the board voted for the text amendment, they would be voting against the mission statement defining the village.

“Your work in recent years has been to improve the village,” Sadler said. “Quarries belong in industrial areas, and we are stuck with a decades-old pit. It has taken away the positive focus on all the good things happening here. We do not want an expanded quarry.”

Attorney Tyler Claringeole, representing Brandon Small, made a comment during the hearing stating this proposal has been the best attempt to alleviate the village's concerns.

“We have done everything that has been asked of us, and we understand no one likes the quarry. We are sympathetic to that,” Claringeole said. “There is only one way to end the quarry operations, that is to vote for the amendment.”

Village President Dave Lienau, who stated he is an affected property and business owner near the quarry, said he was the swing vote on the Plan Commission to bring this forward to get a definitive answer from the board.

“Personally, I have a problem because the current owner has done nothing to alleviate problems, but wants us to allow the expansion and then maybe they will solve problems,” Lienau said. “It doesn’t work. I would have a hard time rewarding the lack of responsibility the owners have shown the village.”

All of the other present trustees stated they heard the crowd loud and clear and that they agreed with Lienau’s statement.

“This ordinance is the only chance to have control,” said Trustee John Clove. “For us to say no, we give up control, and we can’t have people coming back in a month to ask us to shut it down. We tried that.”

After the unanimous vote to not allow the text amendment, the crowd erupted into applause.

Nesbitt said the village will have some authority over the quarry with respect to dust and vibration ordinances. The lawsuit proceedings will now likely question past quarry violations and not future operation.